Bio

Josh Kahane is a leading national commercial litigator with extensive experience representing clients in a broad range of complex commercial disputes. He has been featured in Forbes, Fortune, Money, and Bloomberg Business Week as well as legal publications published by the Bars of no fewer than eight different states. Licensed to practice in Tennessee, Mississippi, New York, and Texas, and having been specially admitted as lead counsel in no fewer than nine other states, Josh is considered a “BET THE COMPANY” trial attorney who has successfully litigated public and private companies’ most important and highest-stakes matters in federal and state courts throughout the United States.

With broad experience in all aspects of the litigation lifecycle, Josh deploys a business minded approach to litigation strategy and dispute resolution. As an advocate for both plaintiffs and defendants in the courtroom, boardroom, and before government agencies, he couples a unique brand of creative thinking with a command of the facts and law that allows him to drive exceptional results for his clients. Clients value his approach to problem solving and aggressive advocacy. Josh is a key asset for his clients – someone to whom they regularly turn for guidance and strategic thinking beyond the scope of a legal dispute.

Josh often represents multi-family and commercial property owners and management companies defending targeted efforts by financial institutions who seek to adversely restructure commercial loans, implement receiverships, and foreclose real property assets. In addition to serving as lead counsel in litigation, he has also assisted clients in loan renegotiations, modifications and restructurings. He works closely with clients to assess their individual needs, and then assists them in finding the best possible options to reach their unique short- and long-term goals including Discounted Payoffs (DPO), debt subordinations (A/B Notes), interest rate and amortization relief and recapitalizations.

Josh also represents shopping centers, national property management firms, property owners and investors, and high-volume residential investors, with portfolios that include over 4 million multi-family housing units, more than 1.5 billion square feet of commercial space, over 2 million units of affordable housing, and 25,000 units of military housing, advising them regarding drafting and interpretation of leases, amendments, indemnification agreements, releases, and other types of contracts and has broad experience in other areas of real estate litigation, such as actions for specific performance of real estate contracts, reformation of deeds and quiet title actions, partition, premises liability, and other areas. He has resolved hundreds of lease disputes and lease interpretation issues, such as restrictive and exclusive-use covenants, radius clauses, anchor tenant clauses, constructive eviction, successor liability, tenant improvement disputes with national tenants, jurisdiction issues, mold and habitability issues, and others. A recognized authority in the area of Landlord-Tenant matters, Josh is highly experienced representing multi-family and commercial property owners and management companies before Courts in Memphis, Tennessee; Nashville, Tennessee; Jackson, Tennessee; Northern Mississippi; and Jackson, Mississippi. In addition, he regularly represents individuals and companies before the General Sessions 14 Environmental Court in Memphis on code citation, zoning, and commercial signage matters, and before the City of Memphis and administrative departments on land use matters of all types.

Josh has developed a highly successful practice providing counsel and representation to owners and management entities across the United States before city councils, local governments, and municipality departments. This counsel has been in connection with a wide range of redevelopment and real estate related issues such as building standards, zoning requirements, neighborhood preservation, and other conditions or conduct affecting public health, safety or welfare. He has successfully shielded clients from the commencement of costly litigation and negotiated instead improvement plans with government representatives and their attorneys which resulted in the dismissal of city and county claims, preservation of the subject assets, and the waiver of millions of dollars in fees, fines, and penalties.

Josh, literally, wrote the book on landlord and tenant law. In 2011, he authored “Landlord Tenant Law – Guide and Handbook” a reference to the practice of landlord and tenant law in Shelby County, Tennessee. Having sold and distributed the first edition in less than 6 months, and its second printing in less than 3 months, Landlord Tenant Law – Guide and Handbook, is currently in its third printing. From its thorough and easy-to- read description of the eviction process and post-judgment collection strategies, to the text of the updated Uniform Residential Landlord Tenant Act with interlineated comments, to sample form pleadings and notices, Landlord Tenant Law – Guide and Handbook has become a must-have resource for legal practitioners, property management companies, and multi-family property owners.

A well-known and sought after lecturer, Josh has presented seminars commercial litigation, landlord and tenant practice, fair housing, and CAM training, for judges, lawyers, and property professionals across the mid-south.

Josh is a SUPERLAWYER© in the areas of Real Estate Law and Business Litigation and has been recognized as one of the BEST LAWYERS IN AMERICA©.

While not verified, it is believed that he is the only real estate lawyer in the United States for whom a bobble head doll, bearing his exact likeness, has been made.

S. Joshua Kahane

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